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Re: [LUG] Scottish firm pays out £120,000 over unlicensed software

 

Paul Sutton wrote:
> Rob Beard wrote:
>   
>> Julian Hall wrote:
>>   
>>     
>>> Rob Beard wrote:
>>>     
>>>       
>>>> Anyway to get to the point, I'd be interested to know if unlicensed 
>>>> software on a staff members personal machine counts if it's been used on 
>>>> a company network.
>>>>
>>>> Rob
>>>>       
>>>>         
>>> If they're using it for company business then their employer might get 
>>> hit for vicarious liability if caught.  I'm no lawyer, but having done a 
>>> couple of years in uni with at least one module covering law as it 
>>> applies to IT, I *think* that could happen.  It's the old 'you are 
>>> liable for what they do on your premises and how they do it' argument.  
>>> A judge might say that the employer should make sure the staff are all 
>>> equipped *legally* to carry out their duties.
>>>
>>> They could even go at the employer if the computer in question *isn't* 
>>> being used for business, simply because it's on the premises and the 
>>> employer has responsibility for what happens there.
>>>
>>> I'm not aware of this being tested in court but it would be an 
>>> interesting one.
>>>
>>> Kind regards,
>>>
>>> Julian
This reminds me of a health and safety talk, while it's the employers 
responsibility to provide training and personal protection equipment its 
up to YOU the employee to report problems, and use the equipment, and 
you can refuse to do the job if the PPE is not right for the job or 
looks faulty,

end of the day I think we all have a responsibility, same as in schools 
with child protection issues,  but it should be the employers job to 
ensure that proper training is given as to what is and is not acceptable 
usage of company computers.  But we should look up to senior management 
for guidance, who can then refer to the IT department for further advice 
if needed, 

I would guess if the equipment is on site, then it should be logged, and 
also tested for safety, as if someone else uses it and gets 
electrocuted, whos fault is it,  who allowed the equipment in the 
building,  so all this goes a lot further than just software.

Its easier i guess to buy a laptop for use outside the building,  this 
is then logged, locked away at night when not in use and checked on a 
regular basis,  but with more mobile computing this is going to get 
harder to manage than static desktops.

Paul

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